« Indiana Government - More this morning on Daniels' appointments | Main | Indiana Decisions - Court of Appeals posts two today »

Wednesday, December 08, 2004

Law - More on election standoff in Kentucky

"Stephenson asks Senate to name her the winner: Court ruled she wasn't a resident" is the headline to this story today in the Louisville Courier Journa. Earlier ILB entries on this potential standoff between the Kentucky legislature and courts, involving a newly elected Kentucky state senator who may or may not have been a resident of Indiana and may or may not therefore be ineligible, are available here (12/3/04) and here (11/25/04). Some quotes from today's story:

FRANKFORT, Ky. — Republican Dana Seum Stephenson formally asked the Republican-controlled state Senate yesterday to declare her the winner in her disputed Jefferson County race against Democratic candidate Virginia Woodward.

The filing sets up a potential conflict between the Senate and a ruling by a judge who declared Woodward the "de facto winner" of the 37th District race.

Senate President David Williams, R-Burkesville, said the dispute will be given a fair hearing beginning Jan. 4, the opening day of the 2005 legislative session.

"We will follow the constitution and the statutes, and we will act as a fact-finder and make a decision, just as the Democrats did in such cases when they were in the majority," Williams said.

But Jennifer Moore, Woodward's lawyer, said her client plans to show up the first day of the session and press the Senate to seat her as the winner, based on the judge's ruling that Stephenson did not meet a residency requirement. * * *

In Stephenson's challenge, filed with the Senate clerk yesterday, she claims to be a lifelong resident of Kentucky. And she argues that allowing the court to decide the winner would violate the doctrine of separation of powers.

"The court has no jurisdiction or authority to decide Stephenson's qualifications. Only this body (the Senate) has the right to determine the qualifications and returns of its members," her application to contest the election says.

The 22-page appeal — signed by Stephenson and her lawyer, James Milliman — contends that Stephenson has been a legal resident of Kentucky for more than six years and that she "stayed only temporarily in Indiana to obtain her master's degree."

"She continued to own a house in Kentucky, spent weekends at that house, continued to teach school in Kentucky, maintained church membership and regularly attended services in Kentucky," the filing says.

Stephenson and Milliman cited a late 1980s precedent when the state House, investigating a similar dispute, decided that a candidate should not be disqualified for technical issues relating to residency.

In that case, the House decided that the candidate was "certainly familiar with the district and the people. She did all that was possible to adjust her residency and therefore should be seated."

Posted by Marcia Oddi on December 8, 2004 08:04 AM
Posted to General Law Related